Applicant Name: 

Application Receipt Date: 070816	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge: HD   Date: 061130
Discharge Received:     Date: 061214   
Chapter: 5    AR: 635-200
Reason: Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: T Co, 226th QM Bn, Fort Lee, VA 21801 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061128, disobeyed a lawful order under TRADOC Reg 350-6, paragraph 2-8, write a five page essay on the battle buddy policy (Summarized).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7612  
HOR City, State: Hollywood, 
Current ENL Date: 060824    Current ENL Term: 2 Years  22 Weeks
Current ENL Service: 00  Yrs, 03 Mos, 21 Days ?????
Total Service:  00  Yrs, 03 Mos, 21 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: None   GT: 131   EDU: BS Degree   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 15 November 2006, the applicant was evaluated by competent medical authority and diagnosed with schizohrenia, paranoid type and this Soldier has a serious and persistent mental illness, as evidenced by a formal thought disorder with paranoid ideation.  The medical authority further recommends that this Soldier should be processed for administrative separation in accordance with AR 635-200 without delay and separated expeditiously under the provisions of Chapter 5-17.  On 30 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200,Chapter 5, Paragraph 5-17, Other Designated Physical Or Mental Conditions, by reason of a personality disorder, with service uncharacterized.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed separation action and recommended that the applicant be separated from the Army.  On 11 December 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with service uncharacterized. 
      
      The analyst noted that the applicant was notified of initiation of separation action under the provisions of AR 635-200,Chapter 5, Paragraph 5-17, by reason of a personality disorder.  However, the applicant's DD Form 214 shows the narrative reason for separation as "condition, not a disability" with corresponding separation code of "JFV."  

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. 

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant was diagnosed by competent medical authority with schizohrenia, paranoid type and that the Soldier had a serious and persistent mental illness, as evidenced by a formal thought disorder with paranoid ideation. Further, this Soldier should be processed for administrative separation in accordance with AR 635-200 without delay and separated expeditiously under the provisions of Chapter 5-17.  The evidence of record shows that the separation authority approved the applicant’s discharge as uncharacterized because he was in an entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  Furthermore, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Proper	 	Improper	
						Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  






















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 8 September 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011384
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